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J Edgar Hoover — Part 19
Page 127
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an
QO
estate pending a will contest, an indifferent person should be
= Se erate wit «
selected; it was not proper or customry to appoint either of
the litigating parties.
8. In Dictz v. Dlelsz (1004) 38 NJ kg 463 the court paid
“yt do the practice of the court to |
decline to put a litigant party in
posacagsion of the property by granting
administration, pending suit, to him",
6. In Re Eqqsware (1924) 206 NYS 18, the court held that
a daughter of a testatrix, who, while not one of the parties
who filed objections to her mother's will, she was in fact one
of the contestants, and aa such was not a disinterested party
to be appointed temporary administratrix of the estate,
7. In Re Burnham (1921), 186 NYS 520, the court held that
an estate should not be turned over to an expectant contestant
to conserve during pending litigation, nor to persons interested,
allied with, or close to those who are charged with exercising
undue influence. Also see
'B nv. Superior Court of Los Angeles Count
(1941) 18 Cal 24 556, 116 P2d 49.
In Re Eqqsware (1924) 206 Nys 18.
WHEREFORE, in the interests of justice, and the decided
cases, it would appear clear that neither John P. Mohr nor Riggs
National Bank should be appointed collector of this estate.
LAC
tt, 2, |
Rolland G. Gamensdor£ L
Attorney for Hillory A. Tolson
1615 H Street, N.W. oe
Washington, D.C, 20006 :
Telephone: 393-1565. a
~2- Fe
¢
ee --—- =e a me er ee
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